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. protestors marched in the streets, demanding justice for andy lopez. details of the rally coming up. and police are searching for someone who could hold the key to understanding lynne first spalding's death at san francisco general hospital. good morning. it is wednesday, october 30th. i'm james fletcher. and im anny hong family and friends gathered together to remeber 13 year old andy lopez. they said their goodbyes to , him last night at his public funeral. many who attended the funeral did not know lopez but wanted to show there support. andy's mother was so upset and overcome by grief she kept her face hidden. while many friends say they are trying to remember the good times they had with him. 13 year old andy lopez was funeral tonight. he was shot seven times october 22nd - as he carried a replica gun that a deputy thought was a real assault rifle. now - there's a growing divide between the people of santa rosa and the police force. kron 4's j.r. stone has the story. andy lopez was shot seven times by sonoma county sheriff erick gelhaus on october 22nd as he was carrying a repl
shooting death of 13- year-old andy lopez. these are live pictures from newschopper2. ktvu's alex savidge is live on the ground with the growing crowdant the law enforcement re- - crowd and the law enforcement response there. >> reporter: good afternoon. this crowd is growing. there was a deep sense of anger many people in the community. we're in old courthouse square where people are beginning to gather. i should say the sonoma county sheriff today is saying that he's calling for help from neighboring agencies to make sure this protest doesn't get out of hand. he's particularly concerned about protesters outside of santa rosa. let me show you video here. occupy oakland is actually busing people up here for what is expected to be one of the largest demonstrations to date related to the shooting death of andy lopez and people will be getting on buses in oakland and coming up for the demonstration. the crowd will be marching over to the sheriff's department's main offices. one week after 13-year-old andy lopez was shot to death by a sonoma county sheriff's deputy, more than a thousand peopl
gun. now andy lopez has sparked a bill to make sure toy guns look like toys. >> as he was passing other vehicles and drove his vehicle back into the southbound lane, he lost control of his vehicle. >> three people recovering this morning after one dead after a suspected drunk driver loses control of his jaguar in wine country. from across the bay to around the world, the stories that matter on "kpix 5 news this morning." >> hold on right there! captions by: caption colorado comments@captioncolorado.com >> your realtime captioner is mrs. linda m. macdonald. >>> we begin with breaking news out of union city right now. a two-alarm fire is burning inside a bakery warehouse. chopper 5 overhead live with the fire on western avenue and pacific street. you can see one of the ladder trucks there a number of apparatus. a lot of smoke, not a lot of flames right now. we have calls into the fire department and will bring you more information when we get it. good morning, it's wednesday, october 30. i'm frank mallicoat. >> i'm michelle griego. time now is 6:01. >>> developing news from capitol
for the past week in this case. today, they took their morning of andy lopez inside a church. carried by friends and family, andy lopez's body was ushered in with spanish hymns. and the heartbreak of an entire community. >> all the songs that were there really gave you a little punch in the heart. >> i have grandchildren. it's terrible. it's terrible. >> inside the church, a standing room only crowd came to pay their respects and find peace with andy's death last week. >> i think that maybe being here in church might consolidate you for a few minutes, but then the nightmare will never go away. >> many at the mass knew the teen. >> they took away one of my friends from his parents and from my life. >> for others, andy's face was a stranger in the crowd. until his death. now, the 13-year-old, a symbol of violence hitting too close to home. >> it's heart wrenching. it's very heart wrenching, having seeing the mother. i cannot fathom what she's going through. >> long after andy was taken back to the funeral home and his family left to mourn in private, the crowd stayed, offering
outside of the sheriff's office. >> today's march profitested the killing of andy lopez, carrying a pellet gun designed to look like an ak 47 >> today's march in santa rose why, you can see the crowd and officers there standing by in case this got out of hand. abc7 news joins us there live with a look. wayne? >> reporter: it's by far the largest yet, if you look behind us now, there is still remnants of the march. people still here, if you look on top of the building you can see sheriff deputies looking down to keep an eye on them. this is no longer just a local cause there are people here from oakland, san francisco and rest of the state. the name andy lopez now sharing sentence was traf on-martin and oscar grant. until 3:00 p.m one week ago, andy lopez was just another kid but today's march keeps him on the cause of a national symbol. lopez was 13 years old, walking with a pellet gun made to resemble an ak 47 rifle. last tuesday a sheriff's deputy told him to drop the gun, then when he felt threatened put seven bullets into and through the young man, killing him at the scene, inflaming
-old andy lopez. friends and family carried the body of the teen killed by a sonoma county sheriff's deputy last week. the deputy thought lopez had a real gun but it was a pellet gun. >> i think that maybe being here in church might consolidate you for a few minutes but then the nightmare just will never go away ever. >> before the funeral hundreds of people had a peaceful march in santa rosa to protest the shooting, another march is planned this afternoon. >>> andy lopez's shoot something renewing an effort in sacramento. a california lawmaker might try again to get a bill passed that would require all toy guns to look like toys. state senator kevin deleon on the left originally made the proposal back in 2011. he would like fake guns to be translucent or brightly colored like this one. his earlier proposal failed after being opposed by the nra and toy companies. cbs reporter ben tracy asked deleon about that. >> i imagine that people who make these toy guns say the point is for them to look real and no one wants a gun that's bright pink or bright yellow or bright orange. what do you say to
on the way to the sheriff's office before staging a peaceful protest for andy lopez. when that crowd arrived, sheriff's deputies stood in front of the building in head to to riot gear. barricades were also blocking the entrances to that building. the funeral for andy lopez got underway just about an hour ago. our andrea borba is right outside. andrea. >> reporter: services started just a few minutes ago. you can actually hear the choir singing from where i am standing. andy's coffin was carried in by what looked to be school he aged friends and family from the hurst inside resurrection church here in santa rosa. as he was carried in, you could hear sorrowful hims being sung in spanish. the church absolutely packed. standing room only there as this community is still in mourning. >> i felt really sad, especially for the family, even for my father. i know it was his friend. it really hurts. >> reporter: now, the funeral for andy lopez, of course, is not happening right now as we speak, but the burial stand still very much in the air at this point. no set burial date or time has been set yet. w
andy lopez by a sonoma county sheriff deputy has outranged the community. the rally was put together by a latino group m.e.c.h.a. >> some people heard this had been organized by occupy oakland, by answer, that they were bringing bus loads of people here and it had not been organized by them. >> reporter: members of several other citizen groups heard about the protest and did take buses from oakland and other parts of the area to come here to attend. john burres spoke to the crowd today. he's the attorney who represented the oscar grant family after oscar grant was killed by a b.a.r.t. police officer. dion smith another mother who spoke at the event, said her son died in an officer involved shooting in stockton two years ago. >> it's not just santa rosa it's a problem too because it affects all of us. as a mother, as a citizen as any community. >> reporter: some of the people who came here today said they would like the deputy involved in this officer involved shooting to face criminal charges. others said they would like a police criminal reviews board to have more oversight of the s
:we're learning more about the deputy who shot and killed andy lopez. 48-year-old erick gelhaus shot lopez seven times. the 24-year veteran is an iraq war veteran who's also a firearms instructor. he's contributed to gun publications.and in 2008.he wrote an article for swat magazine. >>"today is the day you may need to kill someone in order to go home. >> reporter:somebody needs to be in charge, so make a decision." >> reporter:and in the same article, he said "when you are caught in an ambush, you need to make your decisions immediately and carry them out just as quickly. >> reporter:you need to shut down the bad guys who initiated the ambush so that you can go home." >> catherine: in a developing story on the peninsula. for the second straight day - the woman accused in a closely-watched fatal d.u.i case is a no-show. a father and mother were killed in that crash. kron four's rob fladeboe reports on what happened. >> reporter:once again on tuesday, just moments before she was to be arraigned in department 4-a here at san mateo county superior court, marjorie reitzell failed to appear. the 53-y
realizaron los servicios funebres para el menor "andy lopez" take 2 box y desde alli nos tiene mas informacion sobre lo vivido, adelante jaime. 0:01 0:07 0:21 0:31 0:36 0:48 1:10 1:30 cesar ---las calles de la ciudad de santa rosa se volvieron a llenar de manifestantes exigiendo justicia para el menor... blanca ---cientos, quizas miles de jovenes y activistas comunitarios... take vo ...protestaron para que se resuelva la muerte de "andy lopez" a manos de un agente del alguacil. ---los manifestantes marcharon desde varios puntos para llegar al centro de la ciudad. --- pilar niÑo nos cuenta mas.. take pkg ;01 ;19 ;42 1;24 1;45 2;03 blanca ---la policia de campbell pide la ayuda del publico para dar con el paradero de 4 sospechosos, 3 hombres y una mujer. take vo ---la noche del sabado, uno de los sujetos que ve en pantalla abri fuego contra un empleado del centro nocturno llamado "the spot". ---las autoridades dicen que la victima sali al estacionamien to para pedirle a los sospechosos que bajaran el volumen de la musica en sus autos. ---estos se negaron y uno de ellos hiri de bala
. >>> a funeral was held tuesday for 13-year-old andy lopez who was killed by sonoma county california deputy last week. his toy pellet gun was said to look like a rifle. several hundred marched calling for an end to plits brutality. >>> ray kelly facing a tough crowd during a lecture on policing at brown university. wpro video shows student protesters booi ining over the and frisk program and intelligence gathering on muslims. the event was cancelled. >>> russia has broken its zero waste pledge. it promised the sochi olympics would be the cleanest games ever. the a.p. saying tons of construction waste are being dumped in the middle of a water protection zone. >>> a north dakota woman said instead of candy she'll hand letters to children she thinks are over weight. the woman made the announcement on a local radio station. >> i just want to send a message to the parents of kids that are really overweight. i think it's just really irresponsible of parents to send them out looking for free candy just cause all of the other kids are doing it. >> reaction has been swift. one psychologist saying the let
-year-old andy lopez. typically the police do not released information about an officer involved shooting like this one. but there are serious concerns that tempers might boil over so police are trying to be as transparent as possible. >> tonight's demonstration swelled to 1500 people in santa rosa's courthouse square. >> this hurts me. it is something painful for me and for everybody. >> demonstrators areville -- are villa fying them after new details were released the way he shot and killed andy lopez. >> we believe the time period between the time the deputy hold his dispatcher what his observations were and the time he advised on the radio shots were fired was 10 seconds. >> and i cannot understand how this happened in such a short, short time, 10 seconds and the boy is murdered. >> they spotted lopez carrying this rifle that looks like an ak47. >> he yelled at the subject two teams to drop the weapon. the subject did not do that. he turned to face the deputies. >> that's when the mizell of andy's gun was pointed at him and he fired eight shots striking andy seven times. >> t
rosa. reporter: jeff westbrook says he, too, is mourning the loss of andy lopez. the memorial to him continues to grow. the deputy who shot lopez is the same man who pulled a gun on westbrook during a routine traffic stop. >> at this time i just looked at him point blank at the barrel of a gun. >> he said he and an employee feared for their lives beforing a stopped on highway 101 for make ang unsafe lane change. he says the sheriff's deputy who made the stop seemed agitated when he approached his car. >> i looked to -- i looked back up there was a gun, and he is screaming, turn the vehicle off. at that point i put my hands up and said, sir, the vehicle is off. >> the deputy then told westbrook to get out of the car. >> he asked me if i had any weapons and as i took my hands to go like this, he went back to the gun thing and it was, turn around, hands behind your back. >> westbrook was later shocked to learn that deputy was eric gelhouse, the same man who shot and killed andy lopez last month, believing the air soft rifle he was carrying was an assault weapon. >> i saw somethin
, is mourning the loss of andy lopez. the memorial to him continues to grow. the deputy who shot lopez is the same man who pulled a gun on westbrook during a routine traffic stop. >> at this time i just looked at him point blank at the barrel of a gun. >> he said he and an employee feared for their lives beforing a stopped on highway 101 for make ang unsafe lane change. he says the sheriff's deputy who made the stop seemed agitated when he approached his car. >> i looked to -- i looked back up there was a gun, and he is screaming, turn the vehicle off. at that point i put my hands up and said, sir, the vehicle is off. >> the deputy then told westbrook to get out of the car. >> he asked me if i had any weapons and as i took my hands to go like this, he went back to the gun thing and it was, turn around, hands behind your back. >> westbrook was later shocked to learn that deputy was eric gelhouse, the same man who shot and killed andy lopez last month, believing the air soft rifle he was carrying was an assault weapon. >> i saw something. my wife said, this man is going to shoot someone.
, 13- year-old andy lopez had a memorial today. >> he had dreams. he had a life to live. he was only able to live 13 years. that's hard. >> hundreds gathered at his memorial. there were flowers and rest in peace signs. they wore white shirts. they say that he and his siblings were good children. there is a fund set up. >>> a carnival ride gone bad may be no accident. someone tampered with a ride. >>> not eating before binge drinking. >>> a woman and her children killed a decade ago. the great american novel. so you can happily let life get in the way, while planning for tomorrow. so you can finish the great american novel banking for the life you have investing for the life you want chase. so you can . >> a woman under the influence of prescription drugs and alcohol ran over two children. the driver is still in prison. troy and alana still remember their children. >> reporter: they miss their children dearly. she thinks of the woman who ran over her kids. >> i feel for her sometimes, but i believe in do the crime, do the time. >> reporter: the danville community, the packs have a ne
-- planned today for the police shooting of a teen boy rallying in the name of 13-year-old andy lopez in downtown santa rosa. new information about deputy would shot lopez: 48-year-old erick gelhaus is a 24-year veteran of the department, a firearms instructor who has written articles for law enforcement on the use of deadly force. >> it is maddening. they used excessive force. >> we can never take back what happened. we can express our sympathy and our sorrow to the lopez family and the community. >> lopez was carrying a realistic-looking assault rifle that shoots pellet that closely resembled an ak-47. deputies stopped him and ordered him to drop it and opened fire hitting him seven times killing him. officials are saying leave all toy weapons like this one at home. yesterday, the sheriff told abc7 news that he did not believe ratism was involved saying that the sheriff has done much in the past three years to build bridges specifically with the latino community. >> new details this morning on the deadly crash that least a peninsula couple dead. the driver accused of hitting them is
sheriff deputy shot a 13-year-old andy lopez carrying an replica of an ak 47 when the deputy opened fire. more from the deputy that pulled the trigger and growing backlash against him. >> we have more and heard from the sheriff of sonoma county this, story keeps growing, changes and keeps evolving like that memorial over my shoulder, candles burned out. some flowers wilted in the spot where a deputy shot and killed a 13-year-old andy lopez last week but the story remains fresh. begin with sieging anger of the latino community. >> maddening what they did. >> today's sheriff stepped forward to answer general questions. >> i don't believe racism is involved in this case. many people know the sheriff's office and me have done much in the past three years to build bridge was the latino community. >> six days after the shooting we learned about the deputy who mistook a pellet gun for an ak 47, putting seven bullets into, and through, andy lopez. the sheriff deputy has a name, a history. his name, eric gels house. he's a firearms instructor, a national figure. a writer on the subject of deadly
could do for your asthma. >> pelley: 13-year-old andy lopez is being remembered this evening at a funeral mass in santa rosa, california. lopez was shot last week by sheriffs deputies who thought a toy gun the boy was carrying was the real thing. the police, the f.b.i., and prosecutors are all investigating but protesters blame the sheriff's department. here's ben tracy. >> reporter: a huge crowd of protesters gathered outside the santa rosa sheriff's department today, outraged over the death of 13-year-old andy lopez. he was shot seven times by a deputy last week who thought he was carrying an ak-47 rifle. it was really a plastic gun that fires plastic pellets. sheriff's deputies tried to show how similar the two guns look. the fake one is on the left. california state senator kevin de leon is considering reintroducing a bill that would require all toy guns and b.b. guns to be translucent or brightly calendar. when he proposed this in 2011, it was strongly opposed by the national rifle association and in toy gun makers. i imagine the people who make these toy guns say the po
tahoe area. >>> hundreds of people gathered in santa rosa to mourn the death of andy lopez. kpix 5's andria borba reports a funeral was held for the 13- year-old shot and killed while carrying a pellet gun. >> reporter: carried by friends and family his body was ushered into resurrection church in santa rosa with soft spanish hymns. ♪[ music ] >> reporter: and the heartbreak of an entire community. >> all the songs that were there gave you a little punch in the heart. >> it's the story of all the people. >> reporter: inside the church a standing room only crowd came to pay their respects and find peace with andy's death last week. >> i think that maybe being here in church might consolidate you for a few minutes, but then the nightmare just will never go away ever. >> reporter: many at the mass knew the teen. >> they took away one of my friends from his parents and from my life. >> reporter: for others, andy's face was a stranger in the crowd until his death. now the 13-year-old a symbol of violence heading too close to home. >> heart-wrenching. it was very heart-wrenching having s
for andy lopez. details of the rally coming up. >> and police are searching for someone who could hold the key to understanding lynne spalding's death at san francisco general hospital. >> taking a live look at walnut creek this morning. we are looking at another cooler day today. >> we started the last hour of what was reported to be a minor accident. according to chp there were two separate minor accidents. it took them a while to clear and it has backed up traffic beyond the split. this is closer to carlos some boulevard. the drive time was just 15 to 20 minutes is now clot that 17 minutes. it is now coming in at 25 minutes. >> san palo alto is already jammed up. it is a 25 minutes commute time and that is what you can expect during the peak of the commute. all that means that the bay bridge is a pretty light and easy ride though this may change. >> we are waking up to clear skies and here's a live look outside from our roof cam. it is clear and cold outside. as we head into the afternoon and warmer weather is on the way and was the upper 50s. coming up to my next report i will talk
soon at sleep train. ♪ your ticket to a better night's sleep ♪ for 13-year-old andy lopez. >>> protestors marching right now for a second straight day in santa rosa demanding justice for 13-year-old andy lopez. an investigators told the "san francisco chronicle" that the deputy who shot and killed lopez last week can't remember if he identified himself as a deputy before that shooting. our own ryan takeo with more on the tense moments leading up to the teenager's death. >> reporter: now investigators are releasing new information about the case and it's raising a big question. did the deputy involved identify himself as law enforcement before shooting? it's not clear right now. the deputy, according to the "san francisco chronicle," told an investigator that he did not remember if he did in fact identify himself before shooting. the deputy claims the 13-year- old andy lopez turned to him with what he thought was a rifle, that's when deputy erick gelhaus started shooting. it was a toy gun. this is the second high-profile protest in as many days. this will go through the str
are gathering for a special day of the dead observance. among those being remembered, 13-year-old andy lopez who was shot and killed by a sheriffs deputy. i'll have an update on big legal developments in the case coming up. >>> and going beyond the politics of pot. coming up, we investigate a common practice by marijuana growers wreaking havoc on wildlife and on our environment. >>> the family of the 13-year-old boy shot and killed by a sheriffs deputy has filed legal claims against the sonoma county board of supervisors. the move is seen as a precursor to a lawsuit. at the same time, there's a new push to get the u.s. commission on civil rights involved to investigate claims that the boy's death points to a larger problem within the county. nbc bay area's monty francis joins us in santa rosa with the details tonight. >> reporter: raj, good evening. the family filed three claims against the county. one on behalf of the boy's mothers. another on behalf of the boy's father. a third on behalf halhalf of hi. supporters of the boy's family are gathering for a day of the dead observance at the spot he
are learning more details on the death of a 13 year-old ind the boy andy lopez who was shot had toy replica guns the police thought that it was a real gun. will tran? >> reporter: the santa rosa police department is investigating this. i am at the scene, last tuesday, this was a field but according to the community it is turned into a crime scene. he was carrying his rifle gun. and it was a toy gun there was no way that the deputies could of known the difference. they said that he should ha dropped the replica. deputies felt threatened and opened fire. since then, there has been one of march. there was one on friday that wa many. and now, the one to make sure that the prosecutors will do a thorough job. with a 5 hour rally. portions of santa rosa, and also going to santa rosa of making sure that they understand that they are very upset over this shooting. he was only a 13 year-old boy. he had also, that he was carrying a replica guns. the deputies that fired should have known the difference >> thank-you. wheat to know more about that deputy that fired the shots. 48 year-old eric galhous he
the community for their support. 13-year-old andy lopez was shot on the 22nd holding an air rifle that looked like an ak-47 assault rifle. abc7 news reporter has the latest from santa rosa. >> reporter: as candles were arranged and a cross was adjusted for the growing memorial for 13-year-old andy lopez, it was not lost on a few people here that this day marks the day of the dead. >> it's a tradition that every 1st and 2nd of november you come and celebrate the dead, or the loved ones of that passed away. >> andy lopez' parents were here a couple of hours. they left just before sunset. they did not want to speak on camera, but they said they will be in san francisco on monday for a big announcement. they will be joining their team of attorneys monday to announce a federal civil lawsuit against the sonoma county sheriff's department. organizers said they had no intention of connect being the death to this day, they just wanted to be here with the lopez family. >> everyone wants to be here remembering andy. that's all it is. we don't want it talk about what happened to andy or anything like tha
-year-old andy lopez was shot on the 22nd holding an air rifle that looked like an ax48 assault rifle. we have the late forest santa rosa. >> reporter: as candles were arranged and a cross was adjusted for the growing memorial for 13-year-old andy lopez, it was not lost on a few people here that this day marks the day of the dead. >> every 1st and 2nd of november you come and celebrate the dead, or the loved ones of that passed away. >> andy lopez' parents were here a few hours. they left just before sunset. they did not want to speak on camera, but they said they will have an announcement on monday. they will join their team of attorneys to announce a federal lawsuit against the sonoma county sheriff's department. organizers say they had no connection of connecting the 13-year-old death to the day, they just wanted to support the lopez family. >> everyone wants to be here remembering andy. that's all it is. we don't want it talk about what happened to andy or anything like that. we just want to remember him. >> a lopez family attorney said the 13-year-old has not been laid to rest be
, demanding justice for andy lopez. details of the rally coming up. and police are searching for someone who could hold the key to understanding lynne spalding's death at san francisco general hospital. we'll have the latest in a live report. and just what is that barge floating off treasure island. and what does google have to do with it. family and friends gathered to say their final goodbyes to 13-year-old andy lopez, he was the teen shot and killed by police last week. another protest is planned for today. kron4's mike pelton and live in santa rosa with details. >>: over the past week we've seen protests and careers here and santa rosa. pitt marking one week since his death last nine community members came out for the funeral mass. perry conceded lopez as friends and family caring and the cascades for the resurrection parish church. many who attended were white, andy's favorite color. --and more white. -- wore. authorities say after lopez did not comply with verbal commands to drop the replica ak-47 the deputy fired out as fear for his safety. last and i you could hear the heartbreak tha
of a teen boy. a large crowd of demonstrators is expected to rally in the name of 13-year-old andy lopez downtown at noon. this morning, there is new information of the deputy would shot lopez. 48-year-old erick gelhaus is 24-year veteran of the department and a firearms instructor who has written articles for law enforcement on the use of deadly force. >> we can never take back what happened. we can express sympathy and sorrow to the family and the community. the way to make it invite to cooperate fully with the investigation being conducted by the police departments. >> lopez was carrying a realistic-looking rifle that shoots pellets and closely resell -- resembled an ac47. believe racism was involved as they have done much in three years to build bridgely specifically with the latino community. officials are asking anyone attending the demonstration leave all toy weapons at home. that roast is planned for today at noon. in the newsroom for abc7 news. >> the accused drunk driver charmed with hitting and killing a menlo park couple will enter a plea in court. we are finding out more abo
. andy lopez was killed when he was holding a toy rifle that looked like a real assault rifle. >> candles were aranked and a cross adjusted for the growing 1-year-old andy lopez, it was not marked on a few people here that this day marks the day of the dead. >> every 1st and 2nd of november you come and celebrate the dead, or the loved ones of that passed away. >> andy lopez' parents were here a few hours. they left just of a sunset. they did no the want to speak on camera but they said they will have an announcement on monday. they will join their team of attorneys to announce a federal lawsuit against the sonoma county sheriff's department. organizers say they had no connection of connecting the 13-year-old death to the day, they just wanted to support the family. >> everyone wants to be here remembering andy. that's all it is. we don't want it talk with what happened to andy or anything like that. we just want to remember him. >> a lopez family attorney said the 13-year-old has not been laid to rest because his parents have been waiting for his grandmother to arrive from mexico. she ar
shot and killed by a sheriff's deputy. deputies say 13-year-old, andy lopez, was carrying a replica assault weapon when he was shot and killed. the police department later found out that gun wasn't real. >> he had dreams and someone took that away from him. he had a life to live and he only was able to live it to 13. that is hard. >> hundreds gathered at his memorial service sunday. maligned >> a sea of mourners wore white shirts with photos of andy on them. the family says the teen and his siblings are good children that were raised well. they say they will have an account set up for people who would like to donate to andy lopez's funeral. >> the men sampras's go police say shot after an attempted robbery and assault in the marina district remains in the hospital this morning. the incident happened about 1:00 p.m. yesterday afternoon. police say that the suspect tried to rob someone using the atm at chestnut and paris. the suspect fired seven rounds and ran down the street. when police arrived the hispanic male suspect took off running then, officers said that he turned towards him
and killed a 13-year-old boy, andy lopez who police say was holding a replica of an ak 47. wayne freedman has more and reports tonight the sheriff has broken his silence. >> when investigators from santa rosa police department arrived at the sheriff's office this afternoon, they weren't saying much about last week's shooting death of the 13-year-old andy lopez but the sheriff's department opened up a little today in the form of the sheriff himself. >> they can never take back what happened. we can express our sorrow to the lopez family and kmuchbl kmuchblt -- community. the way we make it right so to speak is cooperate fully with the investigation being conducted by the santa rosa and petaluma police departments, cooperate with the district attorney's office and then, grand jury when they review the case after the district attorney. >> at place where a sheriff deputy shot andy lopez seven times for carrying a pellet-shooting replica of an ak 47, more anger its maddening what they did. they used excessive force so justice is that that one sheriff, that one sheriff, the one that did it to get p
. >>> it has been one week since the death of andy lopez the 13- year-old was shot and killed last tuesday by sonoma county sheriff deputy who thought the air soft toy gun the teen was carrying was real. >> reporter: a funeral for the boy is just now getting under way. allie rasmus was live at the funeral. >> reporter: the parking lot here at the sonoma sheriff's office was packed with close to 1,000 people. there were no arrests or any problems, this was a peaceful event today. but as a precaution, all nonofficial workers were let home early. the sheriff's office closed at noon today. >> reporter: on the roof and in front of the building, deputies guarded the entrance to the sonoma county sheriff's office. in front, protesters made their message clear. the shooting death of andy lopez by sheriff deputies outraged the community. >> it could have been my child. it could have been my kid. >> i come as a father. my heart is broken for that family. and it could have been my kid. >> reporter: the day began with a noon rally. then the crowd marched to sonoma college. many of protesters were stu
. >> another demonstration will be held in santa rosa to protest the fatal shooting of 13-year-old andy lopez. 600 people attended the funeral last night at resurrection church. he was carrying a toy ak-47 when shot last week near his home. the deputy has been identified as erick gelhaus, a veteran officer with the department. the message from the funeral resonated with lopez' friends. >> he was too young. he didn't deserve that. he still -- he is here in spirit. >> two rallies were held in santa rosa. >> today, the alameda county sheriff and fire department will update their investigation of the castro valley nursing home where patients needed to call 9-1-1 for help. the sheriff deputies found 14 disabled patients at the valley springs manor with only three carrying for them and one was a janitor. they closed the facility eight days ago and suspended the license. most of the staff, then, left. >> today, a top obama administration official faces a grilling before congress on the bungled rollout of the health care reform plan. katie marzullo has a preview. >> health and human services secretar
has been seen. >> catherine: tonight, we're learning more about how 13 year old andy lopez was killed by a sheriff's deputy in santa rosa. >> reporter:hundreds of people gathered again for another rally in his honor.. kron 4's charles clifford is in santa rosa and has the latest. >> reporter:on wednesday afternoon, hundreds of people rallied in santa rosa, demanding justice for the death of 13-year-old andy lopez. >> reporter:meanwhile new details have emerged into exactly what happened that fatefull day here along moorland avenue. >> reporter:the santa rosa police department and petaluma police are investigating the shooting and they confirmed on wednesday that two deputies confronted andy lopez, but that only one...deputy erik gelhous.. fired his weapon. the other deputy, a trainee, was driving the patrol car and by the time he exited the vehicle, lopez had already been shot. >> reporter:we have also learned that a witness may have been driving just ahead of the patrol car and spotted lopez moments before the deputies did. >> he rolled out to them out his window and yelled that the
for 13-year-old andy lopez and a fair investigation. they are more angry than ever learning about what happened the afternoon of the shooting. a santa rosa police lieutenant confirmed it was ten seconds between when erick gelhaus reported there was a person with a gun and when the deputy reported shots fired. >> i have teenagers. this is hurt will. >> he yelled at the subject twice to drop the weapon and he did not do that but he turned to face the deputies. >> erick gelhaus fired when the muzzle was pointed at him. he thought it was an ak-47 but we know it was a pellet gun. erick gelhaus fired eight times and hit by seven bullets. the police want to be transparent with the community which is why they are releasing the news of the investigation. >> san jose police chief is calling for a meeting with recruits in latest move to prevent new officers from leaving the force. this is after revelations that half of the latest police academy graduate class is considering positions elsewhere. five graduates have left and some city leaders suggest plans including the possibility of charges new o
from -- these are live pictures from santa rosa where a memorial for andy lopez continues to grow as he will be laid to rest later today. and more protests are scheduled later today. that's why we're also live in oakland. who will be bussed in today and why their presence is raising some eyebrows. that's coming up in a live report. welcome to "mornings on 2." i'm tori campbell. >> good morning. i'm dave clark. >>> we're gonna check your weather and traffic. how does it look, steve? >> cloudy to mostly cloudy. light sprinkles out there. more toward santa rosa down to monterey. some of it not showing up on the radar. snow showing up for one more day. a lot of this will start to push off to the lee side. at least there's a rain/snow mix up there. gilroy, .15 rain. celine knauss, .04. watsonville, .03. a few sprinkles. mostly cloudy. cool to cold. partly sunny this afternoon. cool, breezy. as the low moves out, i think the breeze will pick up. 40s and 50s. if it weren't for the cloud cover we'd be much, much cooler. we're losing a lot of the breeze. it will probably pick up. san francisco,
sospechosos. blanca ---la madre de andy lopez ha presentado una denuncia formal contra el condado de sonoma ... roll open under ...y el departamento del alguacil, por la muerte del menor a manos de un agente de dicha agencia. take vo ---de acuerdo al reclamo, andy fue baleado injustificadamente por el agente "erick gelhaus" y el departamento del alguacil no proporciono suficiente capacitacion a sus efectivos sobre el uso de fuerza letal. vo-blanca ---precisamente esta maÑana el "fbi" anuncio que reducira el personal dedicado a investigar la muerte de andy lopez. ---segun el diario "santa rosa press democrat", la agencia federal no realizara una investigacion independiente y completa... y solo se limitara a ofrecer apoyo a la policia local. vo ---y precisamente ese mismo diario informa que el agente que le disparo a lopez ha estado emocionalmente alterado desde el incidente. ---la abogada del policia asegura que la muerte del menor le ha impactado y que le preocupa el efecto que esto tendra en la familia de andy. vo ---pero ahora, surgio un conductor del condado de sonoma quien cuestiona la
13 aÑos en santa rosa. pitch - blanca ---el oficial que le dispar a "andy lopez" es un experimentado alguacil e instructor. ---pilar nino hablo con representantes del consulado de mexico quienes estan asistiendo a la familia... take pkg 00:01 00:21 00:58 01:36 pkg hoy tambien por primera vez hablo uno de los abogados que esta ayudando a la familia y esto fue lo que nos dijo 22:48 andy lopez fue impacatado por siete balas, en el pecho, la cadera,los gluteos, el antebrazo y su muneca.... hoy se supo que el oficial que le disparo es un experimentado alguacil, instructor en armas.....su nombre, eric gelhaus...el es un veterano de la guerra de irak, que lleva 24 anos con el departamento del sheriff de sonoma, donde ademas tambien es instructor... 3:51 el es un instructor de armas, tiene 19 anos de instructor de armas y tambien es un entrenador de oficiales por patrullas 3:58 gelhaus junto a un companero, vieron a andy caminando armado con una replica de un rifle ak-47 la semana pasada en santa rosa......segun las autoridades,l e ordenaron tirarlo, pero el joven que estaba de espalda, empe
in this case. today that moved inside the four walls of the church. carried by friends and family, andy lopez's body was ushered into the church with soft spanish hymns, and the heartbreak of an entire community. >> kind of gave you a little punch in the heart. >> reporter: inside to the church, a standing room only crowd came to pay their respects and find peace with andy's death last week. >> i think maybe being here in church might consolidate you for few minutes, but then the nightmare just will never go away, ever. >> reporter: many at the mass new the teen. >> they took away one of my friends from his parents, and from my life. >> for others, andy's face was a stranger in the crowd, until his death. now the 13-year-old a symbol of violence hitting too close to home. >> heart wrenching. it was very heart-wrenching, having seen the mother, i can't even fathom what she's going through. >> long after andy was taken back to the funeral home and his family left to mourn in private, the crowd stayed, offering prayers for child who could have been their own. >> stop, stop, please, no more. >>
-old andy lopez. he was shot seven times by a deputy last week who thought he was carrying an ak-47 rifle. it was really a plastic gun that fires plastic pellets. sheriff's deputies tried to show how similar the two guns look. the fake one is on the left. california state senator kevin de leon is considering reintroducing a bill that would require all toy guns and b.b. guns to be translucent or brightly calendar. when he proposed this in 2011, it was strongly opposed by the national rifle association and in toy gun makers. i imagine the people who make these toy guns say the point is for them to look real. >> exactly. >> reporter: and no one wants a gun that's bright pink or brightiel or bright orange. >> we're talking about children's lives. we're talking about lives cut short by law enforcement because law enforcement did not have the ability within a split nanosecond to discriminate 20 real thing and the fake gun. >> reporter: a 1988 federal law requires imitation guns to at least have a plays-orange plug in the barrel. yet the plugs can be removed or calendar over. pellet guns are not
county deputy who shot and killed 13-year old andy lopez last week in santa rosa. the deputy has been been identified as 48-year-old erick gelhaus. a 24-year veteran of the sheriff's office. he is also a field training officer and firearms instructor. he and another deputy were on patrol when they spotted lopez with what turned out to be a replica a-k-47. several agencies are investigating - including the f.b.i. but it's gelhaus' own words that are putting his actions >> in an article he wrote in swat magazine back in november 2008, he said -- "today is the day you may need to kill someone in order to go home. somebody needs to be in charge, so make a decision." >> and in the same article, he said "when you are caught in an ambush, you need to make your decisions immediately and carry them out just as quickly. you need to shut down the bad guys who initiated the ambush so that you can go home." >> hundreds of people are expected to march through downtown santa rosa tuesday afternoon to protest the fatal shooting of a 13-year-old andy lopez by sonoma county sheriff's deputy erick gelha
protesting the deadly shooting of 13-year-old andy lopez. later today, another march and rally is planned in santa rosa. in the meantime we're getting new information now about the moment that andy lopez was shot. ktvu's pam cook is in our newsroom now with that story. >> we're hearing from a second deputy who was at the scene about the moments during that fatal shooting of 13-year-old andy lopez. now, investigators say the teenager was already more tally wounded by the time a -- mortally wounded by the time he got in position. while the investigation continues, so do the protests and reaction from the community. hundreds of people attended the teenager's funner -- funeral last night. the investigation shows the 13- year-old was holding a bb gun that resembles an ak-47 assault weapon. county leaders say this has led to growing tension between law enforcement officers and the community and county leaders say there needs to be better communication between police and the people. >> that's part of the discussion we're gonna have. what dialogue can owe create to ensure -- can we create to ensu
andy lopez. he was shotless week october 22nd while holding a toy gun that looked lick an ak 47. assault rifle. 7 news reporter wayne has the story. >> it keeps growing. what began as vigil with if you candle now has enough to spell out the name andy. what gap as simple cross now has more permanent struck take your. tl painted it white. >> that represents the angel in andy. >> lopez family has yet to speak out formally today andy older brother anthony told us how they are if doing. they are hanging in. really hard open everyone. the house isn't even the same any more. >>reporter: how soil. it's just quiet. felonies like there is a void in the house. >>reporter: void since week ago last tuesday when sonoma county sheriff's deputy eric mistook a pellet gun for the real they think and fired 7 shots into andy. killing him at the scene. since then the family filed a claim against the county and sheriff's office. deputy communicated only through his attorney. >> this is a terrible situatio situation. it's tragic. we all personally feel for the family and for the commu
>> reporter: raj, an emotional crowd is here gathered for andy lopez's funeral. take a look. you can see this church is full. there are people standing in the doorways, listening, wanting to say good-bye to the 13-year-old boy. there are lots of young families here with long faces. the service was scheduled to begin at 5:00, but started around 5:30. a group of young pallbearers and church leaders in white robes at resurrection parish church in santa rosa brought the 13-year-old body's inside while a silent crowd watched. hundreds of people from all over the bay area are here. many came from an earlier protest demanding justice for protest. angry a sonoma county sheriffs deputy shot the teen because he had a toy rifle. people who know the lopez family says it's a relief to see so much support. >> this is very powerful. this is something beyond what i thought was going to happen. what i thought to be just as a community begging for justice. which i think is very supportive and especially to andy's mom. i think she does need the support. >> reporter: now, tonight, there will be pray
-year-old andy lopez last week. jeffrey westbrook claims the same deputy erick gelhaus pulled a gun on him two months ago. westbrook says he was carpooling to work on 101 when the deputy pulled him over for failing to use a turn signal. westbrook says he offered to make room for gelhaus to stand on the highway's narrow shoulder. >> as the car starts to move, he screams, turn the car off! and, you know, as i'm still looking at him, he pulled his weapon out and now he is just point-blank. >> westbrook is in the process of filing a formal complaint against gelhaus. gelhaus right now is on administrative leave following the lopez shooting. a lawyer for deputy gelhaus told the "san francisco chronicle," gelhaus and another deputy thought andy lopez's gun was a real ak-47. >>> a mother couldn't hide her emotions after her son was found guilty of crimes that could lock him up for decades. >> i love you, baby! >> a marin county jury convicted 19-year-old max wade of grand theft auto and attempted murder. the stolen car with celebrity chef guy fierro yellow lamborghini that was taken from
with abc7 news today. 13-year-old andy lopez was carrying a toy gun that looked real when the officer opened fire. deputy eric goalhouse's lawyer says he feels terrible about the loss of the young man but he believes he had no other option but to fire his weapon. vic lee in the newsroom with more for us. vick? >> reporter: abc7 news has learned that andy lopez's family has filed claim against sonoma county and the sheriff's office. here it s it was just filed today. now, the county has six months to either accept it or reject it. if that happens, the family would most likely file a lawsuit. the claimant is andy lopez mother. the claim says the 13-year-old was killed unjustifiably and charges that the sheriff's office failed to develop adequate training policies for the use of lethal force. it does not specify an amount for damages. deputy goalhouse has been placed on paid administrative leave during the investigation. >> we feel for the loss of this young man's life. he feels for the loss for the family, for the community. >> reporter: but deputy eric goalhouse's lawyer, terry leone,
county sheriff's deputy involved in the andy lopez shooting. a man has come forward claiming he had an unsettled encounter with the dpult recently. katie is live in our news room. katie. >> a north bay man says he was shocked when ae realized that the sanoma county sheriff's deputy was the same deputy who pulled a gun on him two months ago. he claims he was driving his bmw when the deputy pulled him over for a traffic stop for failing to use his turn signal. westbrook says during the encounter, the deputy pulled out his gun twice. he didn't report it at the time, but now his stepdaughter says westbrook is going to talk to police about the incident because he feels it was out of line. >> he realized that, you know, if he shot a man or, you know, a kid, you know, there was a possibility that he could have shot him, as well. so he was scared. >> gaylehouse's attorney gave us this statement reporting the incident. quote, based on deputy galehouse's experiment and training, he would never willy-nilly pull out his gun, only if there would be a need for it. she also tells us the shooting o
's deputy are gathering to say thank you to the community for support. 13-year-old andy lopez was shot while holding a gun that looked like an ak-47 and it was a toy gun. cornell bernard is live in santaa with more on the gathering. cornell? >> reporter: the neighborhood gathering is just getting under way on this vacant lot. this is where of course sandy lopez was shot and killed. this is a pot lick and we are told everyone is invited. thank you to the community for support during a difficult time. donations to the family are welcome. meantime, memorial for andy lopez continues to grow and many bring flowers and candles. lopez was killed october 22nd shot by sheriffs deputy eric gale house who believed he was carrying an assault rifle that turned out boob a bb gun. police say he fired on the teen after he was ordered to drop the gun and did not. organizers hope it's a chance for the community to heal. >> you come and be with the family and support them for the loss. >> i just wanted to show my support for the family. hope that some changes are made. >> the lopez family has just arrived here
. >> a memorial is underway in santa rosa today for a teenager, andy lopez, who was shot and killed tuesday afternoon while walking with an air rifle resembling an ak-47. the deputy says he told lopez to drop the weapon but the teen turned and pointed the air rifle at him. the deputy opened fire and hit the teen seven times. the funeral is tomorrow. >>> a danville family is holding a mecklenberg -- holding a memorial right now for two children who died in a car accident a decade ago. they were riding a scooter and a bicycle on a city sidewalk when they were hit and killed by 45-year-old in 2003. she was under the influence of alcohol and prescription drugs. the memorial is underway at danville's sycamore elementary school. >> two more assist evidence living facilities in oakland and modesto have had their licenses suspended, both owned by the same person who owns the castro valley facility. 14 disabled patients were found cared for by just three people. we spoke by phone with the owner's attorney. he says the owner is severely ill and bed-ridden and disputes the allegations patients were ab
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